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pdfInstructions for Petition by Entrepreneur to
Remove Conditions on Permanent Resident Status
Department of Homeland Security
U.S. Citizenship and Immigration Services
USCIS
Form I-829
OMB No. 1615-0045
Expires 03/31/2014
What Is the Purpose of Form I-829?
Form I-829 is for immigrant entrepreneurs to petition to remove the conditions on their, and certain dependents’,
permanent resident status which they obtained based on investment in a new commercial enterprise. The petitioner must
submit this petition within the 90-day period immediately preceding the second anniversary of obtaining conditional
permanent resident status.
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What Happens When I File or Fail to File Form I-829?
Effect of Filing
If you properly file this petition with USCIS before your conditional permanent resident status is terminated, your
conditional permanent resident status is extended for one year. You will receive a filing receipt that you should carry with
your Permanent Resident Card (Green Card). If you travel outside the United States while this petition is pending, you
will have to show, when you board a plane, ship, or other carrier to come back to the United States, that you are eligible to
return. You should present both your Permanent Resident Card and the filing receipt for this petition when you return, as
well as in all other situations in which you are required to provide evidence of your conditional permanent resident status.
Effect of Not Filing
If you fail to file this petition within the 90-day period immediately preceding the second anniversary of obtaining your
conditional permanent resident status, USCIS will terminate your conditional permanent resident status and you will
become removable from the United States. However, if your failure to file within that 90-day period was for good cause
and due to extenuating circumstances, you may file your petition late with a written explanation and request that USCIS,
in its discretion, excuse your late filing..
Who May File Form I-829?
You may use this form to request the removal of conditions on your permanent resident status if you were granted
conditional permanent resident status as an entrepreneur. You may include your conditional permanent resident spouse or
former spouse and children in your petition, or they may file separately.
If you are the conditional permanent resident child of an entrepreneur and you have reached 21years of age, or if you are
the conditional permanent resident spouse of an entrepreneur, you may still be included in the entrepreneur’s petition or
you may choose to file a separate petition.
If you are the former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur
during the period of conditional permanent residence, you may also be included in the entrepreneur’s petition or you may
choose to file a separate petition.
NOTE: If you are filing a separate petition from the entrepreneur, you should attach a copy of the entrepreneur’s
Form I-797, Notice of Action, relating to his or her I-829 petition.
If you obtained conditional permanent resident status through your entrepreneur spouse or parent, and that spouse or
parent has died, you may use this form to petition for removal of the conditions on your permanent resident status.
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General Instructions
USCIS provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you
should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you
do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that
we mail you a form. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed and filed. For all signatures on this petition, USCIS will not accept a
stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may
sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person.
Filing Fee. Each petition must be accompanied by the appropriate filing fee. (See the What Is the Filing Fee section of
these instructions.)
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Biometric Services Fee. If you file this petition with USCIS, you do not need to include a biometric services fee at the
time you submit your petition. If you are later notified that you must submit biometrics, you will receive a biometric
services appointment notice with instructions on how to submit the additional biometric services fee. If you file this
petition with an agency other than USCIS, please check with that agency to determine if and when you must submit a
biometric services fee.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the What Evidence
Should I Submit sections of these instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints,
photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background
and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation
(FBI), before making a decision on your petition. After USCIS receives your petition and ensures it is complete, we will
inform you in writing if you need to attend a biometrics services appointment. If an appointment is necessary, the notice
will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time
of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS
Office outside the United States to set up an appointment. If you fail to attend your biometric services appointment,
USCIS may deny your petition.
Acknowledgement of Appointment at USCIS Application Support Center. Review the ASC Acknowledgement that
appears in Part 8. of the petition. The purpose of this ASC Acknowledgement is to confirm that you have completed
your petition, reviewed your responses, and affirmed that the information was provided by you and is complete, true, and
correct. If someone helped you fill out your petition, that person should review the ASC Acknowledgement with you to
make sure you understand it.
Copies. You may submit legible photocopies of documents requested, unless the instructions specifically state that you
must submit an original document. USCIS may request an original document at the time of filing or at any time during
processing of an application, petition, or request. If you submit original documents when not required, the documents
may remain a part of the record, and USCIS will not automatically return them to you.
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that
he or she is competent to translate from the foreign language into English.
How To Fill Out Form I-829
1. Type or print clearly in black ink.
2. If you need extra space to complete any item within this petition, use the space provided in Part 11. Additional
Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number)
(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer
refers; and sign and date each sheet.
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3. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been
married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise
directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many
children do you have” or “How many times have you departed the United States”), type or print “None,” unless
otherwise directed.
Specific Instructions
Part 1. Information About Regional Center
Item Numbers 1. - 2.c. Information About the Regional Center. If the entrepreneur’s investment is associated with a
regional center, provide the name and the identification number of the regional center. Also, provide the receipt number
for the approved Form I-924, Application For Regional Center Under the Immigrant Investor Program, upon which the
Form I-526, Immigrant Petition by Alien Entrepreneur, was based. This receipt number may be the receipt number for the
initial designation of the regional center or for an amendment to the regional center.
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Part 2. Basis for Petition
Item Numbers 1. - 3. Petition Type. Select only one box that indicates the basis for your petition.
Part 3. Information About You
Item Numbers 1.a. - 1.c. Your Full Name. Provide your full legal name in the spaces provided.
Item Number 2. Alien Registration Number (A-Number) (if any). Provide your A-Number. Your A-Number is the
number used to identify your immigration records. You may find this number on documents you received from USCIS
(such as your Permanent Resident Card), U.S. Immigration and Customs Enforcement (ICE), or the Executive Office for
Immigration Review (EOIR) during immigration court proceedings. If you have more than one A-Number, use
Part 11. Additional Information to list all the A-Numbers that have been assigned to you.
Item Number 3. USCIS ELIS Account Number (if any). If you have previously filed an application, petition, or
request using the USCIS Electronic Immigration System (USCIS ELIS), provide your USCIS ELIS Account Number you
were issued by the system. The USCIS ELIS Account Number is not the same as an A-Number. If you were issued a
USCIS ELIS Account Number, enter it in the space provided.
Item Number 4. U.S. Social Security Number (if any). Provide your U.S. Social Security Number, if you have
one. If you have been issued or have previously used more than one Social Security Number, use Part 11. Additional
Information to list all the Social Security Numbers that have been issued to you or that you have previously used.
Item Number 5. Form I-526 Receipt Number. Provide the receipt number for the approved Form I-526 on which this
petition is based.
Item Numbers 6.a. - 7.c. Other Names You Have Used (including maiden names, nicknames, and aliases, if any).
Provide all the names you have ever used, including maiden names, married names, nicknames and aliases, in the spaces
provided.
Item Numbers 8.a. - 9. Your U.S. Mailing Address. Provide the address where you would like to receive printed
notices about your petition. If your petition is approved, this is also the address that USCIS will use to mail your new
Permanent Resident Card.
NOTE: Do not provide a PO Box or the address of your attorney or accredited representative.
Item Numbers 10.a. - 10.h. Your Physical Address. If your mailing address is not the same as the place where you
currently live, provide your current physical address.
Item Number 11. Date of Birth. Provide your date of birth in a mm/dd/yyyy format.
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Item Number 12. Gender. Indicate whether you are male or female.
Item Number 13. Country of Birth. Provide the name of the country where you were born.
Item Number 14. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen and/
or national. This is not necessarily the country where you were born. If you do not have citizenship in any country, write
“stateless” and provide an explanation in Part 11. Additional Information.
Item Numbers 15. - 16. Criminal History. Indicate whether you have been arrested, cited, charged, indicted, convicted,
fined, or imprisoned for violating any law or ordinance since becoming a conditional permanent resident. Also, indicate if
you have ever committed any crime for which you were not arrested since becoming a conditional permanent resident.
NOTE: If you answer “Yes” to Item Number 15., you must provide certified court dispositions, arrest reports,
statements of charges, indictment information, and any other charging documents that were issued. If you answer “Yes”
to Item Number 16., you must provide the date and location (town or city, state or province, and country) of the events
and provide an explanation in Part 11. Additional Information.
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See the What Evidence Should I Submit section of these instructions for information on required documents.
Part 4. Information About Your Current Spouse or Former Conditional Permanent Resident Spouse
If you are the entrepreneur, provide information about your current spouse or former conditional permanent resident
spouse.
NOTE: The former conditional permanent resident spouse of an entrepreneur, who was divorced from the entrepreneur
during the period of conditional permanent residence, may be included in the petition or may file a separate petition.
If you are the current spouse or former conditional permanent resident spouse of an entrepreneur and you are filing a
separate I-829 petition, provide information about your current or former entrepreneur spouse.
NOTE: If you have both a current spouse and a former conditional permanent resident spouse, use Part 11. Additional
Information to provide this same information about your current spouse or former conditional permanent resident spouse
who you did not already include in the spaces provided in Part 4.
Item Numbers 1.a. - 1.c. Your Current Spouse’s or Former Conditional Permanent Resident Spouse’s Full Name.
Provide your current spouse’s or former conditional permanent resident spouse’s full legal name in the spaces provided.
Item Number 2. Gender. Indicate whether your current spouse or former conditional permanent resident spouse is a
male or female
Item Number 3. A-Number (if any). Provide your current spouse’s or former conditional permanent resident spouse’s
A-Number, if any. If your current spouse or former conditional permanent resident spouse has more than one A-Number,
use Part 11. Additional Information to list all the A-Numbers that have been assigned to him or her.
Item Number 4. USCIS ELIS Account Number (if any). If your current or former conditional permanent resident
spouse previously filed an application, petition, or request using the USCIS Electronic Immigration System (USCIS
ELIS), provide his or her USCIS ELIS Account Number. The USCIS ELIS Account Number is not the same as an
A-Number. The USCIS ELIS Account Number is a system-generated, 12-digit number (for example, 100123456789) and
is not the same as an A-Number.
Item Number 5. Date of Birth. Provide your current spouse’s or former conditional permanent resident spouse’s date of
birth in a mm/dd/yyyy format.
Item Numbers 6.a. - 7.c. Other Names Used (including maiden names, nicknames, and aliases, if any). Provide all the
names that your current spouse or former conditional permanent resident spouse has ever used, including maiden names,
married names, nicknames and aliases, in the spaces provided.
Item Numbers 8.a. - 8.h. Mailing Address. Provide your current spouse’s or former conditional permanent resident
spouse’s mailing address, if it is different from the address that you provided in Part 3.
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Item Numbers 9. - 11. Marital Status. Indicate whether the person listed in this section is your current spouse or former
conditional permanent resident spouse and provide the date of your marriage as well as the date of the termination of your
marriage, if applicable.
Item Numbers 12. - 13. Residing and Applying Together. Indicate whether your current spouse or former conditional
permanent resident spouse is currently living with you and whether or not he or she is applying with you to remove the
conditions on his or her permanent resident status.
Item Numbers 14. - 15. Current Immigration Status. Provide your current spouse’s or former conditional permanent
resident spouse’s immigration status (for example, conditional permanent resident, tourist/visitor, entered without
inspection). Also, indicate whether your current spouse’s or former conditional permanent resident spouse’s immigration
status is based on your current immigration status.
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See the What Evidence Should I Submit section of these instructions for information on required documents.
Part 5. Information About Your Children
Provide information about ALL of your children including biological children, stepchildren, and adoptive children,
regardless of age.
Item Numbers 1.a. - 1.c. Your Child’s Full Name. Provide your child’s full legal name in the spaces provided.
Item Number 2. Gender. Indicate whether your child is male or female.
Item Number 3. A-Number (if any). Provide your child’s A-Number, if any. If your child has more than one
A-Number, use Part 11. Additional Information to list all the A-Numbers that have been assigned to him or her.
Item Number 4. USCIS ELIS Account Number (if any). If your child previously filed an application, petition, or
request using the USCIS Electronic Immigration System (USCIS ELIS), provide his or her USCIS ELIS Account Number.
The USCIS ELIS Account Number is not the same as an A-Number. The USCIS ELIS Account Number is a systemgenerated, 12-digit number (for example, 100123456789) and is not the same as an A-Number.
Item Number 5. Date of Birth. Provide your child’s date of birth in a mm/dd/yyyy format.
Item Numbers 6.a. - 6.c. Other Names Used (including maiden names, nicknames, and aliases, if any). Provide all
the names that your child has ever used, including maiden names, married names, nicknames, and aliases, in the spaces
provided.
Item Numbers 7.a. - 7.h. Mailing Address. Provide your child’s mailing address, if it is different from the address that
you provided in Part 3.
Item Numbers 8. - 9. Residing and Applying Together. Indicate whether your child is currently living with you and
whether or not he or she is applying with you to remove the conditions on his or her permanent resident status.
Item Number 10. Current Immigration Status. Provide your child’s current immigration status (for example,
conditional permanent resident, tourist/visitor, in the country without inspection).
See the What Evidence Should I Submit section of these instructions for information on required documents.
NOTE: If you have more than one child, provide the same information for each child in the spaces provided for
Child 2, Child 3, and Child 4, as applicable. If you have more than four children, use Part 11. Additional Information
to list each additional child and provide the same information.
Part 6. Your Biographic Information
Provide the biographic information requested in Item Numbers 1. - 6. Providing this information as part of your petition
may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment
section of these instructions.
Item Numbers 1. - 2. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
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Categories and Definitions for Ethnicity and Race
A. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 6., Item
Number 1.)
B. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
C. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine
Islands, Thailand, and Vietnam.
D. Black or African American. A person having origins in any of the black racial groups of Africa.
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E. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South
America (including Central America), and who maintains tribal affiliation or community attachment.
F. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands.
Item Number 3. Height. Select the values that best match your height in feet and inches. For example, if you are five
feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.
Item Number 4. Weight. Enter your weight in pounds. If you do not know your weight, or if you need to enter a weight
that is under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.
Item Number 5. Eye Color. Select the box that best describes the color of your eyes.
Item Number 6. Hair Color. Select the box that best describes the color of your hair.
Part 7. Information About the New Commercial Enterprise (NCE)
Item Numbers 1. - 3. Type of Enterprise. Indicate whether the NCE results from:
1. Creation of an original business after November 29, 1990;
2. Purchase of a business formed on or before November 29, 1990, that was restructured or reorganized at the time of, or
after, the purchase; or
3. Expansion of a business formed on or before November 29, 1990, such that a substantial change in the net worth or
number of employees results from the investment of capital.
Item Numbers 4. - 9. Name, Location, and Other Information About the NCE. Provide the full legal name of the
NCE in which the entrepreneur invested or is actively in the process of investing funds. (NOTE: This is a required field.
Do not leave it blank.) Also, provide the U.S. physical business address and contact information for the NCE, including
telephone number (with area code) and internet address (if established). Indicate how the business is organized (for
example, corporation, limited liability company, or limited or general partnership), and indicate the nature of the business
(for example, furniture manufacturer).
Item Number 10. Included Industries. Provide the North American Industry Classification System (NAICS) code or
codes for all industries included in the NCE and/or the Job Creating Enterprise (JCE) (as applicable).
Item Number 11. IRS Tax ID. Provide the Internal Revenue Service (IRS) Tax Identification Number for the NCE.
Item Number 12. Date Business Established. Provide the date that the NCE was established in a mm/dd/yyyy format.
Item Number 13. Amount of the Entreprenuer’s Initial Investment. Indicate how much money the entrepreneur
initially invested in the NCE.
Item Number 14. Date of the Entreprenuer’s Initial Investment. Provide the date of the entrepreneur’s initial
investment in the NCE in a mm/dd/yyyy format.
Item Number 15. Percentage of Ownership. Indicate the percentage of the NCE that the entrepreneur owns.
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Item Number 16. Troubled Business. Indicate whether or not the investment was made or is being made into a troubled
business. A troubled business means a business that has been in existence for at least two years, has incurred a net loss
for accounting purposes (based on generally accepted accounting principles) during the 12 or 24-month period before the
priority date on the entrepreneur’s Form I-526, and the loss for that period is at least equal to 20 percent of the troubled
business’ net worth prior to the loss. For purposes of determining whether or not the troubled business has existed for
at least two years, successors in interest to the troubled business will be deemed to have been in existence for the same
period of time as the business they succeeded.
Item Numbers 17.a. - 17.c. Subsequent Investments in the NCE. Provide the dates, amounts, and types of investments
(for example, cash, equipment, inventory, other tangible property, cash equivalents, or qualifying indebtedness as
described in 8 Code of Federal Regulations (CFR) section 204.6(e)) the entrepreneur has made in the NCE since the
entrepreneur’s initial investment.
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Item Numbers 18.a. - 18.b. Full-time Positions and Qualifying Employees. Indicate the number of full-time positions
for direct and qualifying employees in the NCE at the time of the entrepreneur’s initial investment. Also indicate how
many full-time positions for direct and qualifying employees are currently in the NCE.
A direct and qualifying employee is an individual who provides services or labor for the NCE, who receives wages or
other remuneration directly from the NCE, and who is a United States citizen, a lawful permanent resident, or other
immigrant lawfully authorized to be employed in the United States. This includes, but is not limited to, a conditional
resident, an asylee, a refugee, or an alien remaining in the United States under suspension of deportation. This definition
does not include the entrepreneur, his or her spouse or sons or daughters, or any nonimmigrant alien. Also, this definition
does not include independent contractors.
Item Numbers 19.a. - 20.b. Job Creation. Indicate how many new full-time direct jobs for qualifying employees the
NCE has created or will create within a reasonable time. If your petition is based on an investment in a regional center,
indicate how many direct jobs, indirect jobs, and induced jobs the NCE has created or will create within a reasonable time
as a result of the entrepreneur’s investment, based on the economic methodology presented with the petition. Indirect and
induced jobs are those that are held outside of the NCE, but are created as a result of the NCE and are only considered for
investments made through a regional center.
Item Number 21. Troubled Business Job Maintenance. If the investment was made into a troubled business, indicated
how many full-time jobs were maintained as a result of the investment.
Item Numbers 22.a. - 24.c. Gross and Net Incomes. Provide the gross and net incomes that the NCE generated
annually since the date of the entrepreneur’s initial investment to the present.
Item Number 25. Changes to NCE. Indicate whether the commercial enterprise has filed for bankruptcy, ceased
business operations, materially changed the nature of the business, or had any changes in its business organization or
ownership since the date of the entrepreneur’s initial investment. If you answer “Yes,” provide an explanation in
Part 11. Additional Information.
Item Number 26. Changes in Assets of NCE. Indicate whether the commercial enterprise has sold any corporate assets,
shares, or property, or had any capital withdrawn since the date of the entrepreneur’s initial investment. If you answer
“Yes,” provide an explanation in Part 11. Additional Information.
Item Number 27. Total Number of EB-5 Investors. Indicate the total number of EB-5 investors associated with the
NCE.
Item Number 28. Total Amount of EB-5 Capital Invested. Indicate the total amount of EB-5 capital that has been
invested in the NCE.
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Part 8. Petitioner’s Statement, Contact Information, Acknowledgement of Appointment at USCIS Application
Support Center, Certification, and Signature
Item Numbers 1.a. - 6.b. Select the appropriate box to indicate that you either read this petition yourself or someone
interpreted this petition for you from English to a language in which you are fluent. If applicable, select the box to
indicate if someone prepared this petition for you. You must also affirm that you have read and understand (or that an
interpreter or preparer read to you, and you understand) the Acknowledgement of Appointment at USCIS Application
Support Center in Part 8. Further, you must sign and date your petition and provide your daytime telephone number,
mobile telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner
(or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
Part 9. Interpreter’s Contact Information, Certification, and Signature
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Item Numbers 1.a. - 6.b. If you used anyone as an interpreter to read the instructions and questions on this petition to
you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and
address of his or her business or organization (if any), his or her daytime telephone number, and his or her email address
(if any). The interpreter must also certify that he or she has read the Acknowledgement of Appointment at USCIS
Application Support Center in Part 8. to you in the same language in which you are fluent. The interpreter must sign
and date the petition.
Part 10. Contact Information, Statement, Certification, and Signature of the Person Preparing this Petition, If
Other Than the Petitioner
Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your petition, if other than
you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete both
Part 9. and Part 10. If the person who completed this petition is associated with a business or organization, that person
should complete the business or organization name and address information. Anyone who helped you prepare this petition
MUST sign and date the petition. A stamped or typewritten name in place of a signature is not acceptable. Anyone who
helped you prepare your petition must also certify that he or she has read the Acknowledgement of Appointment at
USCIS Application Support Center in Part 8. to you, and that you informed him or her that you understood the ASC
Acknowledgement. If the person who helped you prepare your petition is an attorney or accredited representative, he or
she must also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative,
along with your petition.
Part 11. Additional Information
Item Numbers 1.a. - 6.b. If you need extra space to provide any additional information within this petition, use the space
provided in Part 11. Additional Information. If you need more space than what is provided in Part 11., you may make
copies of Part 11. to complete and file with your petition, or attach a separate sheet of paper. Include your name and
A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your
answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed petition to review in the future and for
your records. We recommend that you review your copy of your completed petition before you come
to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you
to complete the application process only if you are able to confirm, under penalty of perjury, that all of the
information in your petition is complete, true, and correct. If you are not able to make that attestation in good
faith at that time, USCIS will require you to return for another appointment.
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What Evidence Should I Submit?
You must submit all evidence requested in these instructions with your petition.
If you fail to submit required evidence and supporting documents, USCIS may reject or deny your petition for
failure to submit requested evidence or supporting documents in accordance with 8 CFR 103.2(b)(1) and these
instructions.
1. Evidence of Conditional Permanent Resident Status
Submit a copy of the front and back of your Permanent Resident Card (Green Card) and copies of the Permanent
Resident Cards for your spouse or former spouse and each child who is applying with you to remove the conditions on
their permanent resident status
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2. Evidence Related to the Entrepreneur’s Commercial Enterprise, Investments, and Job Creation
Submit and label the following types of evidence with your petition:
A. Evidence that the entrepreneur established a commercial enterprise. Such evidence includes, but is not
limited to, Federal tax returns;
B. Evidence that the entrepreneur invested or was actively in the process of investing the requisite amount of
capital. Such evidence includes, but is not limited to, an audited financial statement or other probative evidence;
C. Evidence that the entrepreneur sustained the enterprise and the investment in that enterprise throughout
the period of conditional permanent residence. Examples of such evidence include:
(1) Invoices and receipts;
(2) Bank statements;
(3) Contracts;
(4) Business licenses; and
(5) Federal or state income tax returns or quarterly tax statements.
D. Evidence that the entrepreneur’s investment created or can be expected to create, within a reasonable time,
10 full-time jobs for qualifying employees. In the case of a troubled business, you must submit evidence that
the NCE maintained the number of existing employees at no less than the pre-investment level during the period
of your conditional permanent residence. Such evidence includes, but is not limited to:
(1) Payroll records;
(2) Tax documents; and
(3) Copies of Form I-9, Employment Eligibility Verification.
3. Evidence for petitioners filing as a former spouse or as a spouse or child whose entrepreneur spouse or parent
has died
Submit the following with your petition:
A. Your former spouse’s, current spouse’s, or parent’s Permanent Resident Card (Green Card);
B. Your former spouse’s, current spouse’s, or parent’s divorce decree or death certificate; and
C. Evidence listed above in “Evidence Related to the Entrepreneur’s Commercial Enterprise, Investments, and
Job Creation”.
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4. Evidence of Criminal History
If you have ever:
A. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional
permanent resident, and no charges were filed, submit an original official statement by the arresting agency or
applicable court order confirming that no charges were filed.
B. Been arrested or detained by any law enforcement officer for any reason since becoming a conditional
permanent resident, and charges were filed, or if charges were filed without an arrest, submit an original or
court-certified copy of the complete incident record. The record must show the disposition for each incident (such
as a dismissal order, conviction record, or acquittal order).
C. Been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug
treatment or community service program) since becoming a conditional permanent resident, submit an original
or court-certified copy of the sentencing record for each incident. Also, submit evidence of the completion of the
sentence, such as an original or certified copy of the probation or parole record or record of the completion of an
alternative sentencing program or rehabilitative program.
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D. Had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your or their
record since becoming a conditional permanent resident, submit an original or court-certified copy of the court
order removing the arrest or conviction. Submit an original statement from the court that no record exists of the
arrest or conviction.
NOTE: You do not need to submit documentation for traffic offenses involving no arrest where the penalties were
less than a $500 fine, points on a driver’s license, or both. You must, however, submit documentation if a traffic
incident involved alcohol or drugs, regardless of the penalty.
Where To File?
Please see our Web site at www.uscis.gov/I-829 or call our National Customer Service Center at 1-800-375-5283 for the
most current information about where to file this petition. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
What Is the Filing Fee?
The filing fee for Form I-829 is $3,750. A biometric services fee of $85 is also required for the petitioners , as well as any
current spouse, former conditional permanent resident spouse, or conditional permanent resident children that are included
on the petition between 14 and 79 years of age. That means you must submit a separate biometric services fee of $85 for
each conditional permanent resident who is applying with you to remove the conditions on their permanent resident status.
NOTE: The filing fee and biometric services fee are not refundable, regardless of any action USCIS takes on this
petition. DO NOT MAIL CASH. You must submit all fees in the exact amounts.
Use the following guidelines when you prepare your check or money order for the Form I-829 filing fee and
biometric services fee:
1. The check or money order must be drawn on a bank or other financial institution located in the United States and must
be payable in U.S. currency; and
2. Make the checks or money orders payable to U.S. Department of Homeland Security.
NOTE: Spell out U.S. Department of Homeland Security; do not use the initials “USDHS” or “DHS.”
3. If you live outside the United States, contact the nearest U.S. Embassy or U.S. Consulate for instructions on the
method of payment.
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Notice to Those Making Payment by Check
If you send us a check, USCIS will convert it into an electronic funds transfer (EFT). This means we will copy your
check and use the account information on it to electronically debit your account for the amount of the check. The debit
from your account will usually take 24 hours and your bank will show it on your regular account statement.
You will not receive your original check back. We will destroy your original check, but will keep a copy of it. If USCIS
cannot process the EFT for technical reasons, you authorize us to process the copy in place of your original check. If
USCIS cannot complete the EFT because of insufficient funds, we may try to make the transfer two additional times.
How to Check if the Fees Are Correct
Form I-829 filing fee and biometric services fee are current as of the edition date in the lower left corner of this page.
However, because USCIS fees change periodically, you can verify that the fees are correct by following one of the steps
below.
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1. Visit the USCIS Web site at www.uscis.gov, select “FORMS,” and find the appropriate fee; or
2. Call the USCIS National Customer Service Center at 1-800-375-5283 and ask for fee information. For TTY (deaf or
hard of hearing) call: 1-800-767-1833.
NOTE: If your Form I-829 requires payment of a biometric services fee for USCIS to take your fingerprints,
photographs, and/or signature, you can use the same procedure to obtain the correct biometric services fee.
Address Changes
You must notify USCIS of your new address within 10 days of moving from your previous residence. For information
on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National
Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address form to USCIS Lockbox facilities because these facilities do not process
change of address requests.
Processing Information
Acceptance. USCIS will reject any petition that is not signed by the petitioner or accompanied by the correct fees.
USCIS may also reject a petition that is missing required fields. You may correct the deficiency and resubmit the petition.
However, the resubmitted petition will not retain the previous filing date.
Initial Processing. Once USCIS accepts your petition, we will check it for completeness. If you do not completely fill
out this petition, you will not establish a basis for your eligibility, and USCIS may reject or deny your petition.
Requests for More Information. We may request that you provide more information or evidence to support your
petition. We may also request that you provide the originals of any copies you submit. USCIS will return any requested
originals when they are no longer needed.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your petition.
At the time of any interview or other appearance at a USCIS office, we may require that you provide your fingerprints,
photograph, and/or signature to verify your identity and/or update background and security checks.
Decision. The decision on Form I-829 involves a determination whether you have established eligibility for the removal
of conditions on your permanent resident status. USCIS will notify you of the decision in writing.
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USCIS Forms and Information
To ensure you are using the latest version of this petition, visit the USCIS Web site at www.uscis.gov where you can obtain
the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS
forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the
USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can now schedule an appointment through our
online system, InfoPass, at infopass.uscis.gov. Use the InfoPass appointment scheduler and follow the screen prompts
to set up your appointment. InfoPass generates an electronic appointment notice that appears on the screen.
Penalties
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If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-829, we will
deny your Form I-829 and may deny any other immigration benefit. In addition, you will face severe penalties provided
by law and may be subject to criminal prosecution.
USCIS Compliance Review and Monitoring
By signing this petition, you have stated under penalty of perjury (28 U.S.C section 1746) that all information and
documentation submitted with this petition are complete, true, and correct. You also authorize the release of any
information from your records that USCIS may need to determine your eligibility for the immigration benefit you are
seeking and consent to USCIS verifying such information.
The Department of Homeland Security (DHS) has the authority to verify any information you submit to establish
eligibility for the immigration benefit you are seeking at any time. USCIS’ legal authority to verify this information is in
8 U.S.C. sections 1103, 1155, and 1184, and 8 CFR parts 103, 204, 205, and 214. To ensure compliance with applicable
laws and authorities, USCIS may verify information before or after your case is decided.
Agency verification methods may include, but are not limited to: review of public records and information; contact via
written correspondence, the Internet, facsimile, other electronic transmission, or telephone; unannounced physical site
inspections of residences and locations of employment; and interviews. USCIS will use information obtained through
verification to assess your compliance with the laws and to determine your eligibility for an immigration benefit.
Subject to the restrictions under 8 CFR 103.2(b)(16), USCIS will provide you with an opportunity to address any adverse
or derogatory information that may result from a USCIS compliance review, verification, or site visit after a formal
decision is made on your case or after the agency has initiated an adverse action which may result in revocation or
termination of an approval.
USCIS Privacy Act Statement
AUTHORITIES: The information requested on this petition, and the associated evidence, is collected under sections
101, 103, 203, and 216A of the Immigration and Nationality Act (INA) (as amended) and the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriation Act, Pub. L. No. 102-395, sections 610, 106 Stat
1828, 1874 (1992) (as amended).
PURPOSE: The primary purpose for providing the requested information on this petition is to determine if you have
established eligibility to remove the conditions on your permanent resident status or to include the removal of conditions
on the permanent resident status for any spouse, former spouse, or child who is also applying with you. DHS will use the
information you provide to grant or deny the benefit sought.
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DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and
any requested evidence, may delay a final decision in your case or result in denial of your petition.
ROUTINE USES: DHS may share the information you provide on this petition with other Federal, state, local, and
foreign government agencies and authorized organizations. DHS follows approved routine uses, as described in the
associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001
- Alien File (A-File) and Central Index System (CIS)] which you can find at www.dhs.gov/privacy. DHS may also
share the information available, as appropriate, for law enforcement purposes or in the interest of national security.
Paperwork Reduction Act
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An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection
of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection
of information is estimated at 3 hours per response, including the time for reviewing instructions, gathering the required
documentation and information, completing the petition, preparing statements, attaching necessary documentation, and
submitting the petition. The collection of biometrics is estimated to require 1 hour and 10 minutes. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this
burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy,
20 Massachusetts Ave NW, Washington, DC 20529-2140; OMB No. 1615-0045. Do not mail your completed Form
I-829 to this address.
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File Type | application/pdf |
File Title | I-485 Supp F |
File Modified | 2015-03-24 |
File Created | 2015-03-24 |